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(2> all expenses (together with interest thereon at a rale of twelve <br />percent (12%) per annum from the dale paid by Landlord) incurred hy <br />Landlord in terminating, repossessing and reletting including but not <br />limited to costs of changes, additions, improvements, redecoralions and <br />repairs, brokerage and legal fees, and the collection of Rent, and <br />(3) any deficiency between the Rent, when due in accordance with <br />this Lease, for the remainder of the Term and the payments, if any, <br />received by Landlord from any reletting of the Development or portions <br />thereof. <br />9.4 Injunctive Relief. If an uncured Lvent of Default exists under this <br />Lea.se, Landlord shall have the right, in addition to any remedy available to l.andlord <br />under Section 9.2 of this Lea.se, to institute from time to time an action or actions for <br />injunctive and/or other equitable relief. <br />9.5 Forbearance . If there is a Mortgage on Tenant ’s interest in this Lease <br />or the Development Property. Landlord will not terminate this Leiuse or Tenant's right <br />of pos.session of the Development Property pursuant to Section 9.2 of this Lease, if <br />1 lolder or any purchiLser or transferee of Tenant's interest in this Lease or the <br />Development by reason of foreclosure or other proceedings or by deed or assignment <br />in lieu of such proceedings (or an assignee of I lolder or such purchaser or transferee) <br />.shall, within one hundred eighty (180) days afier acquiring Tenant's interest in this <br />i.ea-se or the Development, cure all defaults susceptible of being cured by such entity <br />(or. if such cure would reasonably require more than one hundred eighty (180) da\s <br />and ihereafier promptly, efl'ectivcly and continuously proceed to cure such default). <br />Nothing in this Section shall atVect Landlord's right to enforce any remedy under this <br />Lea.se for an Lvent of Default except, so long as Holder is in the process of curing <br />such Lvent of Default or foreclosing its Mortgage under this Section, the right to <br />terminate this Lease or Tenant's right of possession of the Development. <br />9.6 C osts Tenant shall indemnify Landlord against all costs and charges <br />(including reasonable legal fees) lawfully and reasonably incurred in enforcing <br />payment of Rent, and in obtaining possession of tlie Development after on Lvent of <br />Default of Tenant or upon expiration or earlier termination of this Lease, or in <br />enforcing any covenant, proviso or agreement of Tenant contained in this Lease. <br />Landlord shall indemnify Tenant against all costs and charges (including legal fees) <br />lawfully and reasonably incurred in enforcing any covenant, proviso or agreement of <br />Landlord contained in this Lease. <br />9.7 Waiver of Default . No failure or delay by Landlord or Tenant to Insist <br />on strict performance of any term of this Lease or to exercise any right, power, or <br />remedy upon a breach of this Lease shall constitute a waiver of such term or such <br />breach.